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Procedure : 2011/0194(COD)

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Document selected : A7-0217/2012
Texts tabled : A7-0217/2012		Debates : PV 11/09/2012 - 20 CRE 11/09/2012 - 20		Votes : PV 12/09/2012 - 7.7 CRE 12/09/2012 - 7.7 Explanations of votes Explanations of votes		Texts adopted : P7_TA(2012)0333

Texts adopted	553k  312k
Wednesday, 12 September 2012 - Strasbourg
Common organisation of the markets in fishery and aquaculture products ***I	P7_TA(2012)0333 A7-0217/2012
Resolution   Consolidated text   Annex   Annex   Annex

European Parliament legislative resolution of 12 September 2012 on the proposal for a regulation of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (COM(2011)0416 – C7-0197/2011 – 2011/0194(COD))

(Ordinary legislative procedure: first reading) The European Parliament, –  having regard to the Commission proposal to Parliament and the Council (COM(2011)0416), –  having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0197/2011), –  having regard to Article 294(3) of the Treaty on the Functioning of the European Union, –  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1), –  having regard to the opinion of the Committee of the Regions of 4 May 2012(2), –  having regard to Rule 55 of its Rules of Procedure, –  having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0217/2012), 1.  Adopts its position at first reading hereinafter set out; 2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments. (1) OJ C 181, 21.6.2012, p. 183. (2) OJ C 225, 27.7.2012, p. 20.

Position of the European Parliament adopted at first reading on 12 September 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products, amending Council Regulation (EC) No 1184/2006 and repealing Council Regulation (EC) No 104/2000
P7_TC1-COD(2011)0194
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(1), Having regard to the opinion of the Committee of the Regions(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1)  The scope of the Common Fisheries Policy (‘CFP’) extends to measures on the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products or ‘Common Market Organisation’ (‘CMO’) is an integral part of the CFP and should contribute to the accomplishment of its objectives. Since the CFPolicy is being revised, the CMO should be adapted accordingly. (2)  Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(4) needs to be revised to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities. (2a)  Fishing plays a particularly important role in the economies of the Union’s coastal regions, including the outermost regions. Given that it provides fishermen in those regions with a livelihood, steps should be taken to foster market stability and a better correspondence between supply and demand. [Am. 1] (3)  The provisions of the CMO should be implemented in compliance with the Union's international commitments, in particular with regard to the provisions of the World Trade Organisation (‘WTO’). Fish and shellfish are a common good. Since fishing is therefore not like other industries, it should, in particular, be regulated by measures that satisfy environmental and ecosystemic criteria, irrespective of market requirements. [Am. 2] (3a)  Since the WTO trading provisions that currently apply are working in a satisfactory way, any new proposal should seek to maintain the status quo whenever possible. However, the Commission should ensure that fisheries and aquaculture products imported from third countries fully respect sustainable fishing practices and the provisions of Union law, in order to ensure Union and imported products compete on a level playing field. [Am. 3] (4)  The CMO should contribute to achieving the objectives of the CFP. (5a)  In view of the large volumes of fishery and aquaculture products that are imported into the Union and the substantial proportion of overall Union consumption for which they account, it is essential for the CMO to form part of a commercial and customs policy that is geared to regulating imports and mitigating their effects on the first-sale prices paid to Union producers and the profitability of their activities. [Am. 4] (5b)  The greatest possible degree of consistency needs to be achieved between the CFP and the common commercial policy, with the latter policy being used systematically to further the objectives of the former, both in WTO multilateral negotiations and in connection with bilateral and regional trade agreements. [Am. 5] (5c)  All national agencies with responsibility for customs and health checks on fishery and aquaculture products imported into the Union should be given the human and financial resources and the tools they require to do their job properly. [Am. 6] (6)  It is important that the management of the CMO is guided by the principles of good governance of the CFP. (6a)  In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, about the value of eating fish and the wide variety of species available, and told of the importance of being able to understand the information contained on labels. [Am. 7] (7)  Producer organisations are the key actors for the appropriate application of the CFP and the CMO. It is therefore necessary to strengthen their objectives and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, acting within a framework defined by the CFP objectives. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, experience an improvement in their income and collect economic information on aquaculture. When realising these objectives, producer organisations should take account of the different conditions of the fishery and aquaculture sectors prevailing in the Union, especially those in the outermost regions, in particular the specificities of small-scale fisheries and extensive aquaculture. It should be possible for Member States and regional governments to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, on the allocation of quotas and the management of fishing effort, according to the needs of each particular fishery. [Am. 8] (7a)  In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined, particularly those concerning the minimum number of members and their formal recognition. [Am. 9] (8)  Inter-branch organisations gathering together different categories of operators may help to improve the coordination of marketing activities within the value chain and to develop measures of interest for the whole sector. (9)  It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The procedure for extension of rules should be subject to authorisation by the Commission. (10)  In order that producer organisations can steer their members towards sustainable fishery and aquaculture activities, producer organisations should define and submit to the competent authorities of the Member States a production and marketing plan with the necessary measures to fulfil their objectives. (10a)  The landing of all incidental catches and by-catches and the reduction of discards are two of the objectives of the current reform of the CFP. In order to attain those objectives, more widespread use needs to be made of selective fishing gear that will prevent under-size fish from being caught. [Am. 165] (11)  The unpredictability of fishing activities makes it appropriate to set up a mechanism of storing fishery products for human consumption with a view to foster greater market stability and to increase the return on products, in particular by creating added value. This mechanism should contribute to the stabilisation and convergence of the Union local markets with a view to achieving the single market. (11a)  In view of the remoteness and geographical isolation of outermost regions, a special action programme that takes account of the specific features of such regions is possible under Article 349 of the Treaty on the Functioning of the European Union (‘TFEU’). [Am. 11] (11b)  The Commission should lay down supportive measures to foster the participation of women in aquaculture producer organisations. [Am. 12] (12)  Producer organisations may create a collective fundshould be allocated Union financial assistance under the European Maritime and Fisheries Fund to finance the production and marketing plans and the storage mechanism. [Am. 13] (13)  In order to take account of the diversity of prices throughout the Union, each producer organisation should be entitled to propose a price to trigger the storage mechanism. This trigger price should not lead to the fixation of minimum prices which could hinder competition. (14)  As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore it is necessary to foresee also to encourage the possibility for the setting up ofto set up transnational producer organisations and associations of producer organisations whichat transregional level, based, where appropriate, on biogeographical regions, and at transnational level. Such organisations should be partnerships that aim to produce common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to competition rules as provided for in the present regulation and that the need is respected to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited. [Am. 14] (15)  The application of common marketing standards should permit the market to be supplied with sustainable products, to realise the full potential of the internal market in fishery and aquaculture products, and to facilitate commerce based on fair competition, thus helping to improve the profitability of production. (16)  The widening variety of fishery and aquaculture products makes it essential to provide consumers with a minimum amount of mandatoryIt is necessary for consumers to be provided with clear and comprehensive information on, inter alia, the main characteristics of products. In order to promote differentiation of products, it is also necessary to take account of additional information that may be indicated on a voluntary basisorigin, method and date of production of the products in order to enable them to make informed choices. [Am. 15] (16a)  The use of an eco-label for fisheries products, originating from both inside and outside the Union offers the possibility of providing clear information on the ecological sustainability of fisheries products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide ecolabel for fisheries products.[Am. 16] (16b)  In order to safeguard European consumers, Member State authorities responsible for monitoring and enforcing the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labeling catches.[Am. 17] (16c)  In view of the importance that consumers attach to origin and provenance, in the broad sense of those terms, when choosing between the fishery and aquaculture products available on the market, special care is to be taken to ensure that the information they are given in that respect is as accurate, clear and comprehensive as possible. [Am. 18] (16d)  With a view to ensuring consistency between the CFP – with particular reference to its CMO and consumer information provisions – and the common commercial policy, care should be taken to avoid excessively broad definitions of the preferential custom origin of fishery and aquaculture products, as well as any exceptions to the standard definitions that would undermine product traceability and cause confusion as to where and how a given product has been sourced. [Am. 19] (17)  The rules on competition relating to agreements, decisions and practices referred to in Articles 101 TFEU should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the common organisation of the markets or jeopardise the attainment of the objectives of Article 39 TFEU. (17a)  It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards as those with which Union producers have to comply. [Am. 20] (18)  It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific features of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and whether the amount of imports is great, which should be governed by the same rules as Union fishery and aquaculture products. For the sake of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in certain agricultural products(5) should be incorporated into the present regulation. Regulation (EC) No 1184/2006 should therefore no longer apply to fishery and aquaculture products. [Am. 21] (19)  It is necessary to improve the economic information on the markets in fishery and aquaculture products in the Union. (20)  In order to supplement or amend the conditions and requirements for recognition of producersensure the proper functioning of producer organisations and interbranch organisations, as well as to establish appropriate common market standards supplement or amend the content of the production and marketing plan, define and amend the common marketing standards, supplement or amend mandatory information and set minimum criteria for information voluntarily provided by operators to the consumers, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of Articles 24, 33, 41 and 46 their financial support, their internal rules, the content of the production and marketing plan, as well as the definition and amendment of common marketing standards. [Am. 22] It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. (22)  In order to ensure uniform conditions for the implementation of this Regulation, concerning time-limits and procedures for recognition of producer organisations and inter-branch organisations to be applied by Member States; the format, time-limits and procedure for their communications to the Commission of their decisions to grant or withdraw recognition; rules on the frequency and content of and the practical methods for checks by Member States; the format and notification procedure by Member States in the case of extension of rules; procedure and time-limits for the submission by producer organisation and approval by Member States of production and marketing plans;and the format of publication by Member State of the tigger prices, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control of by Member States of the Commission's exercise of implementing powers(6). (22a)  Since the objective of this Regulation, namely to lay down the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. (23)  Regulation (EC) No 104/2000 should be repealed but in the interests of legal certainty, certain provisions therein should continue to apply until the entry into force of the Regulation on the European Fisheries and Maritime Fund. (23a)  Regulation (EC) No 1184/2006 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Chapter I General provisions Article 1 Subject matter 1.  A common organisation of the markets in fishery and aquaculture products, hereafter ‘Common Market Organisation’, is hereby established. 2.  The Common Market Organisation (‘CMO’) shall comprise the following instruments:    (a) professional organisations;    (b) marketing standards;    (c) consumer information;    (d) competition rules;    (e) market intelligence;    (ea) the external dimension. [Am. 23] Article 2 Scope The CMO shall apply to the fishery and aquaculture products listed in Annex I, which are produced or marketed in the Union. [Am. 24] Article 3 Objectives The CMO shall contribute to the achievement of the objectives laid down in Articles 2 and 3 of the Regulation (EU) No .../20XX of ... of the European Parliament and of the Council on the Common Fisheries Policy(7)and, in particular, provide market incentives to support more sustainable production practices, improve the market position of Union products, devise production strategies with a view to adapting the Common Fisheries Policy (‘CFP’) to structural market changes and short-term fluctuations, and enhance the market potential of Union products. [Am. 25] Article 4 Principles The CMO shall be guided by the principles of good governance laid down in Article 4 of the Regulation on the Common Fisheries Policywhich it shall achieve by means of a clear definition of responsibilities at Union, national, regional and local levels, a long-term perspective, the broad involvement of operators, the responsibility of the flag State, and consistency with integrated maritime, trade and other Union policies. [Am. 26] Article 5 Definitions For the purposes of this Regulation, the definitions referred to in Regulation (EU) No .../20XX(8)and those referred to in Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy(9)and Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009(10) shall apply. [Am. 27] The following definitions shall also apply:    (a) 'fishery products' means the aquatic organisms, resulting from any fishing activity or products derived therefrom, as listed in Annex I;    (b) 'aquaculture products' means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I;    (c) 'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to their being placing on the market;    (d) 'fishery or aquaculture sector' means the sector of the economy that includes all activities of production, processing and marketing of fishery or aquaculture products;    (da) ‘unwanted catches’, means catches as defined in the Regulation (EU) No .../20XX(11); [Am. 28]    (e) 'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or not;    (f) 'placing on the market' means the first making available of a fishery or aquaculture product on the Union market. Chapter II Professional organisations Section I Establishment, objectives and measures Article 6 Establishment of fishery producer organisations Fishery producer organisations may be established as a group set up at the initiative of producers of fishery products in one or more Member States and recognised in accordance with Section II. When establishing fishery producer organisations, the specific situation of small-scale inshore fishery and non-industrial fishery producers shall be taken into account, so that, in particular, those producers benefit from positive discrimination as regards access to aid for the establishment of producer organisations. [Am. 29] Article 7 Objectives of fishery producer organisations Fishery producer organisations shall pursue the following objectives:    (a) promoting the viable and sustainable fishing activities of their members in full compliance with the conservation, management and exploitation policy laid down in the Regulation (EU) No .../20XX(12) and in environmental legal acts of the Union; [Am. 30]    (aa) planning the production of their members and advising Member States and regional authorities concerning fisheries management issues as well as sharing the best practices developed by Union vessels; [Am. 31]    (ab) contributing to food supply and maintaining and creating jobs in coastal and rural areas, including vocational training and cooperation programmes to encourage young people to enter the sector and ensuring a fair standard of living for those engaged in fisheries; [Am. 32]    (b) handlingavoiding, minimising and making the best use of unwanted catches of commercial stocks without creating a substantial market for such catches; [Am. 33]    (ba) contributing towards the elimination of illegal unreported and unregulated fishing practices by applying such internal controls on members as may be necessary; [Am. 34]    (bb) reducing the environmental impact of fishing, including by implementing measures to improve the selectivity of fishing gears, to control effort and to avoid unwanted and unauthorised catches; [Am. 35]    (bc) managing the resource access rights assigned to their members in accordance with the provisions of Chapter IV of the Regulation (EU) No .../20XX(13); [Am. 36]    (c) improving the conditions for the placing on the market of their members' fishery products;    (d) stabilising the markets;    (e) improving the profitability of producers and improving the income of fishing operators; [Am. 37]    (ea) ensuring the traceability of fishery products and improving the access to clear and comprehensive information for consumers in order to help enhance the understanding of the conservation status of marine ecosystems and fishery resources, as well as educating consumers as to the wide variety of species available for consumption; [Am. 38]    (eb) promoting the use of Information Communications Technology (‘ICT’) to ensure improved marketing and higher prices for fisheries products. [Am. 39] Article 8 Measures deployable by fishery producer organisations Fishery producer organisations may make use, inter alia, of the following measures to achieve the objectives set out in Article 7: [Am. 41]    (a) planning the management of the fishing activities of their members, including developing and implementing measures to improve the selectivity of fishing activities and advising the Member States and regional authorities of the aforementioned management plans; [Am. 42]    (b) making the best use of and assisting their members to avoid and minimise unwanted catches of commercial stocks by:    – disposing of landed products which do not conform to the minimum marketing sizes referred to in Article 39 (2)(a) for uses other than human consumption;    – placing on the market of landed products which conform to the minimum marketing sizes referred to in Article 39 (2)(a);    – distributing landed products free of charge to philanthropic or charitable purposes; [Am. 43 and 44]
	(c)	adjusting production to market requirements;
	(d)	channelling the supply and the marketing of their members' products;
	(e)	managing temporary storage for fishery products in conformity with Articles 35 and 36;
	(f)	controlling and taking measures for compliance of their members' activities with the rules established by the producer organisation;
	(fa)	improving quality, knowledge and transparency of production and the market; conducting studies to improve planning and management activities and supporting professional programmes to promote sustainable fisheries products; [Am. 46]
	(fb)	sending information voluntarily to the competent Member State authorities on the conservation status of marine ecosystems and fishery resources at such intervals, and by such means, as are considered to be appropriate; [Am. 47]
	(fc)	managing their members’ fishing opportunities on a collective basis; [Am. 48]
	(fd)	promoting consumer access to clear and comprehensive information on fisheries products. [Am. 49]

Article 9

Establishment of aquaculture producer organisations

Aquaculture producer organisations may be established as a group set up at the initiative of producers of aquaculture products in one or more Member States and recognised in accordance with Section II.

Article 10

Objectives of aquaculture producer organisations

Article 11

Measures deployable by aquaculture producer organisations

Aquaculture producer organisations may make use, inter alia, of the following measures to achieve the objectives referred to in Article 10: [Am. 60]

Article 12

Establishment of associations of producer organisations

1.  An association of fishery or aquaculture producer organisations may be established as a group set up at the initiative of producer organisations recognised in one or more Member States.

2.  The provisions of this Regulation applicable to producer organisations shall apply to associations of producer organisations unless otherwise stated.

Article 13

Objectives of associations of producer organisations

Article 13a

Financing of associations of producer organisations.

1.  The European Maritime and Fisheries Fund may contribute financially towards the establishment and/or development of associations of producer organisations.

2.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 50, laying down detailed rules concerning such financial support. [Am. 72]

Article 14

Establishment of inter-branch organisations

Inter-branch organisation may be established as a group set up at the initiative of operators of fishery and aquaculture products in one or more Member States and recognised in accordance with Section II.

Article 15

Objectives of inter-branch organisations

Article 16

Measures deployableby inter-branch organisations

Section II

Recognition

Article 17

Recognition of producer organisations

1.  Member States may recognise as fishery or aquaculture producer organisations all fishery or aquaculture producer groups which apply for such recognition, on condition that:

1a.  Member States may set additional conditions for the recognition of a producer organisation. [Am. 79]

1b.  Producer organisations recognised under Regulation (EC) No 104/2000 are deemed to be recognised under this Regulation. [Am. 80]

1c.  Measures should be taken to ensure that the participation of small scale fisheries in producer organisations is appropriate and representative. [Am. 81]

Article 18

Recognition of inter-branch organisations

1.  Member States may, taking into account Union rules especially those concerning competition, recognise as inter-branch organisations all groups established on their territory which make an appropriate application, on condition that such groups:

1a.  Existing interbranch organisations that fulfil all of the conditions set out in this Article may also be deemed to be recognised, even if established by executive act or by operation of law. [Am. 83]

Article 19

Checks and withdrawal of recognition by Member States

Member States shall carry out checks at regular intervals to ascertain whether producer organisations, associations of producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 17 and 18 and, where appropriate, shall withdraw recognition thereof. [Am. 84]

Article 20

Transnational producer organisations, associations of producer organisations and inter-branch organisations

Member States whose nationals are members of a producer organisation, association of producer organisations or inter-branch organisation established on the territory of another Member State and those Member States hosting the official headquarters of an association of producer organisations recognised in different Member States shall establish, in collaboration with the relevant Member States, the administrative cooperation necessary to enable checks on the activities of the organisation or the association concerned to be carried out. [Am. 85]

Article 21

Allocation of fishing opportunities

A producer organisation the members of which are nationals of different Member States or an association of producer organisations recognised in different Member States shall perform its tasks without prejudice to the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 16 of the Regulation (EU) No .../20XX(17).

Article 22

Communication to the Commissionand publication of the list of producer organisations [Am. 87]

Member States shall communicate to The Commission by electronic means any decision to grant or withdraw theshall publish, at the beginning of every year, a list of the producer organisations recognised in the preceding year and of the organisations whose recognition was withdrawn during that year. [Am. 88]

Article 23

Checks by the Commission

In order to ensure compliance with the conditions for recognition of producer organisations or inter-branch organisations laid down in Articles 17 and 18, the Commission may carry out checks and mayshall, where appropriate, request that Member States withdraw the recognition of producer organisations or inter-branch organisations. [Am. 89]

Article 24

Delegated acts

The Commission shall be empowered to adopt delegated acts, in accordance with Article 50 to, laying down rules on the internal functioning of producer organisations or inter-branch organisations, their rules of association, the financial and budgetary provisions that apply to them, the obligations of their members and the enforcement of such rules, including the penalties to be imposed. [Am. 90]

Article 25

Implementing acts

1.  The Commission shall adopt implementing acts concerning:

2.  The implementing acts referred to in paragrah 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 51.

Section III

Extension of Rules

Article 26

Extension of rules of producer organisationsand associations of producer organisations [Am. 94]

1.  A Member State may make rules that are agreed within a producer organisation or association of producer organisations binding on producers who are not members of the organisation or association and who market any of the products covered by such producer organisation or association of producer organisations within the area in which that producer organisation or association of producer organisations is representative on condition that: [Am. 95]

2.  For the purposes of paragraph 1(a), a fishery producer organisation is deemed representative where it accounts for at least 65 %30 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules. [Am. 98]

3.  For the purposes of paragraph 1(a) an aquaculture producer organisation is considered to be representative where it covers at least 40 % of the quantities marketed of the relevant product during the previous year in the area where it is proposed to extend the rules.[Am. 99]

4.  The rules to be extended to non-members shall apply for a period of between 90 days30 days and 12 months. [Am. 100]

Article 27

Extension of rules of inter-branch organisations

1.  A Member State may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in a specific area or in specific areas on other operators who do not belong to the organisation on condition that:

2.  The extension of rules shall apply for no more than three years.

Article 28

Liability

When rules are extended to non-members pursuant to Articles 26 and 27, the Member State concerned may decide that non-members shall pay to the producer organisation or the inter-branch organisation the equivalent of all or part of the costs paid by members resulting from the application of the extension of rules.

Article 29

Authorisation by the Commission

1.  Member States shall notify the Commission of the rules which they intenddecide to make binding on all producers or operators in a specific area or in specific areas pursuant to Articles 26 and 27. [Am. 101]

2.  The Commission shall adopt a decision authorising the extension of the rules notified by a Member State provided that:

3.  Within two months15 days of receipt of the notification, the Commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the Member States thereof. Where the Commission has not taken a decision within the two-month15 day period, the extension of rules shall be deemed to have been authorised by the Commission. [Am. 102]

Article 30

Withdrawal of authorisation

The Commission may carry out checks and and may withdraw the authorisation of extension of rules in case it establishes that any of the requirements for the authorisation is not met. The Commission shall inform the Member States thereof.

Article 31

Implementing acts

The Commission shall adopt implementing acts laying down rrules concerning the format and procedure of notification mentioned in Article 29(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51.

Section IV

Production and marketing planning

Article 32

Production and marketing plan

1.  In accordance with guidelines received from the Commission, each producer organisation shall submit a production and marketing plan to their competent national authorities describing how they intend to fulfil the objectives laid down in Article 3Articles 3, 7 and 10. [Am. 103]

2.  The Member State shall approve the plan. Once approved, the producer organisation shall immediately implement the plan.

3.  Producer organisations may revise the production and marketing plan and the revision shall be communicated for approval to the competent authorities of the Member State.

4.  The producer organisation shall establish an annual report of its activities under the production and marketing plan referred to in paragraph 1, and shall submit it to the competent authorities of the Member State.

5.  Member States shall carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. Where a Member State makes a finding of non-compliance, it may decide to withdraw the recognition. [Am. 104]

Article 33

Delegated acts

The Commission shall be empowered to adopt delegated acts, in accordance with Article 50, laying down rules concerning the content of the production and marketing plan referred to in Article 32(1).

Article 34

Implementing acts

The Commission shall adopt implementing acts laying down the rules of procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plan referred to in Article 32. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51.

Section V

Stabilisation of the markets

Article 35

Storage mechanism

Producer organisations may financeco-finance the storage of fishery products listed in Annex II, provided that: [Am. 105]

Article 36

Prices triggering the storage mechanism

1.  Before the beginning of each year, each producer organisation may individually make a proposal for a price triggering the storage mechanism referred to in Article 35 for the fishery products listed in Annex II and for aquaculture products. [Am. 107]

2.  The trigger price may not exceed 80 % of the weighted average price recorded for the product in question in the area of activity of the producer organisation concerned during the three years immediately preceding the year for which the trigger price is fixed.

3.  When determining the trigger price, account shall be taken of:

4.  Member States shall, upon examining the proposals of the producer organisations recognised in their territory, determine the trigger prices to be applied by the producer organisations. These prices shall be fixed on the basis of the criteria referred to in paragraphs 2 and 3. The prices shall be made publicly available.

Article 37

Implementing acts

The Commission shall adopt implementing acts laying down rules concerning the format of publication by Member States of the trigger prices pursuant to Article 36(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 51.

Section VI

Collective Fund

Article 38

Collective fund

-1.  The creation, restructuring and implementation of plans to improve the standards of producer organisations and their associations shall be funded from the European Maritime and Fisheries Fund. [Am. 108]

1.  Each producer organisation may create a collective fund, which shall be used onlyThe European Maritime and Fisheries Fund may be used to finance the following measures: [Am. 109]

1a.  Funding for the instruments included in the CMO, including the Collective Fund, shall be carried out through the European Maritime and Fisheries Fund, without prejudice to the co-financing rates set. [Am. 110]

Chapter III

Marketing standards

Article 39

Establishment of marketing standards

1.  Common marketing standards may be established for the products listed in Annex I, regardless of their origin (Union or imported), intended for human consumption. [Am. 111]

2.  The standards referred to in paragraph 1 may, in particular, relate to:

3.  Paragraphs 1 and 2 shall apply without prejudice to:

Article 40

Compliance with marketing standards

1.  The products for which marketing standards have been laid down may be marketed for human consumption in the Union only in accordance with those standards. This rule shall also apply to all imported fishery and aquaculture products. [Am. 114]

2.  Member States shall check whether the products subject to common marketing standards comply with those standards. The checks may take place at all marketing stages and during transport.

3.  All fishery products landed, including those not complying with marketing standards, may, at the responsibility of the Member States, be distributed free of charge to philanthropic or charitable institutions established in the Union or to persons who are recognised by the legislation of the Member State concerned to be entitled to public assistance.

Article 40a

Health and hygiene standards

In order to avoid unfair competition in the Union market, imported products shall meet exactly the same health and hygiene standards as those required of Union products and shall be subject to the same controls, including total traceability. The rigorousness of checks carried out both at the borders and at points of origin shall be such as to guarantee proper compliance with these requirements. [Am. 116]

Article 41

Delegated acts

The Commission shall be empowered to adopt delegated acts, in accordance with Article 50, defining the common marketing standards referred to in Article 39(1) with regard to quality, size or weight, packing, presentation and labelling, and, if experience gained in the use of those standards so requires, amending them, while ensuring that the standards are defined in a fair and transparent manner.

Chapter IV

Consumer information

Article 42

Mandatory information

1.  Irrespective of their geographical origin, the fishery and aquaculture products referred to in points (a), (b), (c) and (e) of Annex I which are marketed within the Union may only be offered for retail to the final consumer where the appropriate marking or labelling indicates:includes the mandatory food information specified in Chapter IV of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers(21).

1a.  The marking or labelling shall also indicate the following: [Am. 117]

2.  Fishery and aquaculture products referred to in parts (h) and (i) of Annex I, which are marketed within the Union, irrespective of their origin, may only be offered for retail to the final consumer where appropriate marking or labelling indicates::

3.  The information referred to in paragraph 1a shall be displayed in a clear and distinct manner.

4.  Paragraphs 1a and 3 shall apply without prejudice to:

Article 42a

Eco-labelling reporting

After consulting stakeholders, the Commission shall, by 1st January 2015, submit to the European Parliament and to the Council a report, accompanied by a proposal, for the establishment of a Union wide eco-label scheme for fisheries products. The report shall examine potential minimum requirements for obtaining approval for the use of such eco-labels. [Am. 123]

Article 43

Commercial designation

Article 44

Indication of the catch, rearing or productioncultivationarea [Am. 126]

1.  The indication of the catch or production areathe provenance of the product, namely where it was caught or reared, in accordance with Article 42(1a)(c), shall consist of the following: [Am. 127]

2.  Without prejudice to Regulation (EC) No 510/2006, operators may, in addition to the information referred to in paragraph 1, indicate a more precise catch or production area. [Am. 132]

Article 45

Additional voluntary information

1.  In addition to the mandatory information required pursuant to Article 42, the following information may be provided on a voluntary basis, on condition that it is clear and unambiguous: [Am. 133]

2.  Voluntary information shall not be displayed to the detriment of the space available for mandatory information on the marking or labelling.

2a.  No voluntary information shall be included that cannot be verified. [Am. 137]

3.  Paragraph 1 shall apply without prejudice to the following legal acts of the Union:

Article 46

Delegated acts

Chapter V

Competition rules

Article 47

Application of competition rules

Articles 101 to 106 TFEU and the appropriate regulations or directives to give effect to them shall apply to agreements, decisions and practices referred to in Articles 101(1) and 102 TFEU which concern the production or marketing of fishery and aquaculture products.

Article 48

Exceptions to the application of competition rules

1.  Notwithstanding Article 47 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of producer organisations which concern the production or marketing of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, on condition that:

2.  Notwithstanding Article 47 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of inter-branch organisations which:

Chapter VI

Market intelligence

Article 49

Market Intelligence

1.  The Commission shall:

2.  In order to achieve the objectives referred to in paragraph 1, the Commission shall make use of the following measures:

3.  Member States shall contribute to achieve the objectives referred to in paragraph 1.

Chapter VII

Procedural provisions

Article 50

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The power to adopt delegated acts referred to in Articles 13a, 24, 33 and 41 shall be conferred on the Commission for an indeterminate period of time from …(29).

3.  The delegation of power referred to in Articles 13a, 24, 33 and 41 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.  A delegated act adopted pursuant to Articles 13a, 24, 33 and 41 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 51

Committee procedure

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Chapter VIII

Final provisions

Article 52

Amendment to Regulation (EC) No 1184/2006

In Article 1 of Regulation (EC) No 1184/2006 the following words are added:"

and Regulation (EU) No … of the European Parliament and of the Council, of … on the common organisation of the markets in fishery and aquaculture products(*)(30).

(*) OJ …

Article 52a

Transitional measures

Without prejudice to Chapter IV, fishery and aquaculture products, and their packaging, marked or labelled prior to ...(31)may be marketed and sold until such stocks have been exhausted. [Am. 144]

Article 53

Repeal

Regulation (EC) No 104/2000 is hereby repealed. However Articles 9, 10, 11, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 34, 35, 36, 37, 38 and 39 shall apply until 31 December 2013.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 54

Review

The Commission shall report to the European Parliament and the Council on the results of the application of this Regulation before the end of 20222019. [Am. 145]

Article 55

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2013 with the exception of Articles 32, 35 and 36, which shall apply from 1 January 20141 January 2014. The consumer information provisions of Article 42 shall apply in accordance with the date of entry into force of Regulation (EU) No 1169/2011. [Am. 146]

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 181, 21.6.2012, p. 183. (2) OJ C 225, 27.7.2012, p. 20. (3) Position of the European Parliament of 12 September 2012. (4) OJ L 17, 21.1.2000, p. 22. (5) OJ L 214, 4.8.2006, p. 7. (6) OJ L 55, 28.2.2011, p. 13. (7) * Number, date and OJ reference of Regulation of the European Parliament and the Council on the Common Fisheries Policy (2011/0195(COD)). (8) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy.(2011/0195(COD)). (9) OJ L 343, 22.12.2009, p. 1. (10) OJ L 112, 30.4.2011, p. 1. (11) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy.(2011/0195(COD)). (12) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy (2011/0195(COD)). (13) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy (2011/0195(COD)). (14) OJ L 164, 25.6.2008, p. 19. (15) OJ L 206, 22.7.1992, p. 7. (16) * Number of Regulation of the European Parliament and of the Council on the Common Fisheries Policy (2011/0195(COD)). (17) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy.(2011/0195(COD)). (18) * Number of Regulation of the European Parliament and the Council on the Common Fisheries Policy.(2011/0195(COD)). (19) OJ L 139, 30.4.2004, p. 55. (20) OJ L 286, 29.10.2008, p. 1. (21) OJ L 304, 22.11.2011, p. 18. (22) OJ L 109, 6.5.2000, p. 29. (23) OJ L 212, 22.7.1989, p. 79. (24) OJ L 163, 17.6.1992, p. 1. (25) OJ L 93, 31.3.2006, p. 12. (26) OJ L 404, 30.12.2006, p. 9. (27) OJ L 93, 31.3.2006, p. 1. (28) OJ L 189, 20.7.2007, p. 1. (29) * Date of entry into force of the present regulation. (30) + Number and date of this Regulation. (31) * Date of entry into force of this Regulation.